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What standard must the prosecution meet in order to get a guilty verdict?
Wiki User
∙ 13y ago
Beyond a reasonable doubt is the standard which must be met for a guilty verdict. Of course, the interpretation of this depends on the individual. The jury is given guidelines as to what beyond a reasonable doubt means, but in the end, the individual jury member decides whether he or she feels the guilty standard of beyond a reasonable doubt has been met.
ADDED: Insofar as a CRIMINAL trial is concerned, the original answer is correct. For a trial involving violation of CIVIL law, the standard sounds similar but is actually quite different. The benchmark to establish guilt in a civil trial is not 'beyond a resonable doubt,' but only establishing a "preponderance of the evidence."
Wiki User
∙ 13y ago
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What is Order Of Acquittal?
An order of acquittal is the formal finding of a "not guilty" verdict in a criminal trial.
Can they change not guilty to guilty after they read the verdict on the same day?
Never heard of this happening, but I do not believe that it oculd the way you describe. Once the verdict is announced from the bench - THAT is IT! They would have to re-open the trial, or have a whole other hearing before they could just change the delivered verdict. Would need to know more about the circumstances in order to comment further.
What is verdict of not guilty by reason of insanity?
In order for a defendant to prove that he was insane at the time he comitted the crime, they must prove with a profesinal that they didnt have a feel for right or wrong. By Emma
What is the term that means that the guilty act and the guilty intent occur together?
Actually it is two terms, actus reus and men's rea. Actus reus means a crime occurred and men's rea means there was guilty intent. Both must be present together in order for a prosecution to occur.
What must the prosecution prove in order to get a guilty verdict?
There is no finding of GUILTY or NOT GUILTY in a civil trial. The verdict is announced as either "FOR THE PLAINTIFF" or "FOR THE DEFENSE." The burden of proof in a civil trial is "THE WEIGHT OF THE EVIDENCE" as opposed to the criminal court standard of "GUILT BEYOND A REASONABLE DOUBT." They may sound similar but they are NOT the same.
What happend at the end of the Patriot episode of Law and Order- guilty or innocent?
At the end of the episode, 'Patriot', the defendant, Frank Miller is found guilty of 2nd degree murder. The verdict is read in the last 60 seconds of the episode; see the link below.
Why is it important that all jury members agree to a verdict?
The requirement for a unanimous verdict helps ensure that the decision reflects the collective judgment of the whole jury, promoting fairness and credibility in the justice system. It also helps prevent rushed or coerced decisions, fostering a more thorough and thoughtful deliberation process.
What are the responsibility's of a Law and Order SVU lawyer?
Well if it's the prosecution then the lawyers job is to get information that detectives can't get by making deals with the perp and also they have to get the jury to find the defendant guilty if its the defense then the lawyers job is to get the jury to find the defendant guilty
What was the verdict in OJ Simpson's trial?
He has had several so I'll go in chonological order: His criminal murder trial he was aquitted. His wrongful death civil trial he was found guilty of the deaths of ex-wife Nicole Brown and her friend Ron Goldman. His kidnapping and armed robbery trial he was found guilty.
Can a judge overturn a guilty plea?
Generally any presiding judge (the judge that ran the trial) can set aside a jury's guilty verdict if they find it is against the weight of the evidence or not based on relevant law. A judge cannot overturn a not guilty verdict.In the U. S., a court may overturn a jury verdict of "Guilty" and enter a judgment of acquittal or order a new trial in a criminal case. The basis for such action includes situation where the jury has brough in a verdict that is not supported by the evidence beyond a reasonable doubt. This may happen where a jury is prejudiced against a defendant or makes a mistake in its fact finding or application of the law to the fact after the court jury instruction.United States Federal Rule of Criminal Procedure 29 states:(a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so.(b) Reserving Decision. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was reserved.(c) After Jury Verdict or Discharge.(1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.(2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal. Subsections (b) and (c) make it absolutely clear that a court may set aside a jury verdict of guilty in a criminal case. The Rules do not give the court any authority to set aside a verdict of acquittal.The reason the FRCP do not permit a court to set aside a jury verdict of acquittal and enter a judgment of guilty is to preserve the Sixth Amendment guarantee that all criminal defendants shall enjoy the right to a trial by jury as well as to preserve the Fifth Amendment prohibition against double jeopardy.The reason the FRCP permit a trial court to set aside a jury verdict of guilty and enter one of not guilty, is to preserve the defendant's right not to be convicted of a crime except on evidence beyond a reasonable doubt. In the interests of justice, no trial court should let stand a verdict of guilty where the evidence does not prove guilt beyond a reasonable doubt.These rights apply to state courts as well as to Federal courts because they have been incorporated into the 14th Amendment because they are a fundamental part of our jurisprudence.Note that these are the Federal court rules; however most state court rules are modeled after the Federal Rules and all will have some variation of the authority to set aside a guilty verdict.
Why was OJ Simpson charged civilly?
the jury came back with a not guilty verdict so in order for the family to get some type of closure in a guilty verdict you are allowed to take him to civil court and it almost another trial in itself, if found guilty the person does not go to jail but will in most cases have to pay a certain amount of money.Added: OJ Simpson was NOT "charged civilly." There is a difference between being "charged" and being "sued."A person can only 'charged' in a criminal action and that is done by the government prosecutor.However when a person is 'sued,' the action is being brought by a private party, for damages.He was SUED by the family for their daughter's wrongful death.
Can the prosecution appeal the rulings of a trial judge?
Certain orders made during the course of a trial, such as an order denying admission of certain evidence, may not be appealed until the conclusion of the case in whole. These are considered inter locutory orders and may be appealed during trial only by leave of court. Certain other orders such as an order granting summary judgment on one count in a multi count complaint, may be appealed during trial since they are considered final. They are final in the sense that even though they do not dispose of the entire case, they do dispose of certain claims.
